ORDER 28.6.2004 — The petitioners have been arrested in connection with Puri Town P.S. Case No. 53 (11) of 2004 corresponding to G.R. Case No. 3 of 2004 pending in the Court of the learned Special Judge-cum-Sessions Judge, Puri for commission of offence under Section 21 of the N.D.P.S. Act. From the case diary, it appears that on 9.3.2004 at about 12.30 P.M. the O.I.C. received a reliable information that the petitioners are selling Heroin near Masani Chandi Chhak. The said fact was entered in the diary and after observing all the formali¬ties a raid was conducted, 49 grams of Heroin kept in the poly¬thene bag and cash of Rs. 20,000/- were seized from the petition¬ers. The petitioners were arrested on 9.3.2004 and were forwarded to the Court on 10.3.2004. On 10.3.2004 the petitioners were sent to the jail custody by the learned Magistrate. Final Form having not been filed within sixty days, the petitioners filed an appli¬cation for grant of bail on the 61 (sixty one) day before the learned Sessions Judge, Puri. The prayer was rejected solely on the ground that punishment prescribed under Section 21 of the Act is not less than ten years and therefore, under Section 167 (2), Cr.P.C. the period for submission of Final Form would be 120 (one hundred twenty) days and not sixty days. There is no dispute that 49 grams of Brown sugar (Heroin) were seized from the possession of the petitioners. There is also no dispute that the petitioners were arrested on 9.3.2004 and after production in Court, they were forwarded to jail custody on 10.3.2004. There is also no dispute that the Final Form had not been submitted within sixty days. Therefore, on 10.3.2004 an application for bail under Section 167(2) of Cr.P.C. was moved. After amendment of the N.D.P.S. Act it appears that so far as Heroin is concerned, the statute provides that Heroin up to 5 (five) grams shall be considered as small quantity and 250 (two hundred fifty) grams onwards shall be considered as commercial quantity. In the present case 49 grams of Brown Sugar (Heroin) having been seized, it is more than small quantity and less than commercial quantity. In the present case 49 grams of Brown Sugar (Heroin) having been seized, it is more than small quantity and less than commercial quantity. Section 21(b) of the N.D.P.S. Act provides that where the contravention involves quantity, lesser than commercial quantity but greater than small quantity, the sentence shall be with rigorous imprisonment for a term which may extend to ten years, and with fine which may extend to one lakh rupees. In the present case the contraband article seized by the police being more than the small quantity and less than the commercial quantity, the punishment prescribed is for a maximum period of ten years with fine which may extend to Rs. 1,00,000/- (one lakh) I am, there¬fore, of the view that the learned Sessions Judge did not look into the amended provisions correctly and rejected the petition. Reliance is also placed by the learned counsel for the petition¬ers on a decision of this Court in the case of Binod Kumar Nanda v. State of Orissa reported in (2004) 27 OCR 755. The facts of the said case are almost similar as that of the present case and this Could held that the application for bail under Section 167 (2) having been filed after expiry of 60th day, for non-filing of Final Form the accused is entitled to bail. In view of the above provisions of law and the decision referred to above, I direct that the petitioners be released on bail for non-filing of the Final Form within the prescribed period under Section 167 (2) Cr.P.C. by the learned Special Judge-cum-Sessions Judge, Puri in G.R. Case No. 3 of 2003 arising out of Puri Town P.S. Case No. 53 (11) of 2004 on such terms and conditions as he may deem just and proper. The BLAPL is disposed. Urgent certified copy of the order be granted on proper application. BLAPL disposed of.